Allowed

Sujith v. Sivakumar

Kerala HC29 Feb 2016Crl.MC/928/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal Miscellaneous case regarding a pending criminal trial before the Assistant Sessions Court. The court observed that the parties had amicably settled the matter and the injuries were trivial, finding no sufficient ingredients for an offence under Section 308 IPC, and thus quashed the Final Report and further proceedings.

What did the court decide?

The Crl.M.C. is allowed; Annexure-2 Final Report and all further proceedings pursuant to it are quashed.

Sujith Vs Sivakumar — Quashing and FIR | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 1937

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Crl.MC.No. 928 of 2016

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SC 458/2015 OF ASSISTANT SESSIONS COURT(ADDL. SUB COURT), PALAKKAD. CRIME NO. 10/2014 OF CHITTUR POLICE STATION, PALAKKAD.

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PETITIONER(S)/ACCUSED 1 TO 5:

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1. SUJITH, S/O.MANI, AGED 25 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT.

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2. DILEEP KUMAR, S/O.ARUMUGHAN, AGED 30 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT.

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3. SUJITH, S/O.NATARAJAN, AGED 28 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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4. MUKESH, S/O.KARUPPASWAMY, AGED 25 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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5. KRISHNADAS, S/O.MURUKESAN, AGED 23 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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BY ADV. SRI.K.RAVI (PARIYARATH)

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RESPONDENT(S)/DEFACTOR COMPLAINANT/INJURED PERSONS & STATE OF KERALA:

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1. SIVAKUMAR, S/O.BALAKRISHNAN, AGED 37 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT -679 001.

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2. SIVAN, S/O.VEERAPANDARAM, AGED 34 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT - 679 001.

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--2--

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--2--

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Crl.MC.No. 928 of 2016

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3. KARTHIKEYAN, S/O.VELAYUDHAN, AGED 32 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT - 679 001.

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4. GURUVAYOORAPPAN, S/O.ANTHAPANDARAM, AGED 45 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT - 679 001.

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5. MANIKANDAN, S/O.VISWANATHAN, AGED 24 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT - 679 001.

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6. KESAVANKUTTY, S/O.KRISHNAN, AGED 38 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT - 679 001.

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7. SANTHOSH, S/O.RAJENDRAN, AGED 20 YEARS, AYYAMPATHY HOUSE, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT - 679 001.

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8. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R7 BY ADV. SRI.A.V.RAVI R8 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 928 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE 1-	CERTIFIED OPY OF THE F.I.R IN CRIME NO.10/2014 OF THE CHITTOOR, POLICE STATION DATED 1.1.2014.
ANNEXURE 2-	CERTIFIED COPY OF THE FINAL REPORT AND CHARGE NO.208/14 DATED 26.3.2014.
ANNEXURE 3-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 1ST RESPONDENT/DEFACTO COMPLAINANT, DATED 31.10.2015.
ANNEXURE 4-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/INJURED, DATED 31.12.2015.
ANNEXURE 5-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/INJURED DATED 31.12.2015.
ANNEXURE 6-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT/INJURED DATED 31.12.2015.
ANNEXURE 7-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT/INJURED DATED 31.12.2015.
ANNEXURE 8-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 6TH RESPONDENT/INJURED DATED 31.12.2015.
ANNEXURE 9-	THE ORIGINAL AFFIDAVIT SWORN IN BY THE 7TH RESPONDENT/INJURED DATED 31.12.2015.

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RESPONDENT(S)' ANNEXURES: NIL ---------------------------------------------

//TRUE COPY//

P.S. TO JUDGE

mbr/

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 928 of 2016

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............................................................... Dated this the 29^th day of February, 2016

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O R D E R

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Petitioners are accused No.1 to 5 in Crime No.10/2014 of the Chittoor Police Station, which is now pending as S.C.No.458/2015 before the Assistant Sessions Court, Palakkad, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the parties. The first respondent, who is the defacto complainant and respondents 2 to 7 who are the injured have filed Annexures 3 to 9, affidavits affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners. The records reveal that there are no sufficient ingredients to invite an offence under Section 308 IPC in the matter. The injuries sustained to the injured are trivial.

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When the matter has been amicably settled

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CRL.M.C.No. 928 of 2016

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-: 2 :-

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between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure-2 Final Report and all further proceedings pursuant to it as against the petitioners in S.C.No.458/2015 before the Assistant Sessions Court, Palakkad, which has arisen from Crime No.10/2014 of the Chittoor Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-2 Final Report and all further proceedings pursuant to it as against the petitioners in S.C.No.458/2015 before the Assistant Sessions Court, Palakkad, which has arisen from Crime No.10/2014 of the Chittoor Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Sujith v. Sivakumar

Case brief

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Sujith v. Sivakumar

Case brief

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